Major Issues in Law and Ethics - Essay Example

? Law and Ethics 6. Tinker v. Des Moines is a Supreme Court case involving a protest against the Vietnam War by high school What issues related to this case continued to dictate school board policy? Why can’t school systems simply proclaim interference with the purpose of the school as an excuse to better control dress and speech? How is this case now being used by those who advocate for the “right” to display the Confederate flag and related wear in public schools? Answer Tinker v. Des Moines is a landmark case about the student dress code and the school boards need to take this case into consideration while interpreting any policy related to the subject. As per the court ruling, students do not lose their constitutional rights of expression or freedom of speech while entering into the school. The First Amendment Rights of Students are violated when they are suspended from the schools for non-disruptive activities such as wearing armbands. The key point is that substantial or material disruption of school activities must be proved or invasion of the rights of other fellow students must be established before putting a restriction on their activities. This basic ruling became the guiding principle for schools to take any action against the students. Simply speaking, school system cannot proclaim interference with the purpose of the school just to control speech or dress of the students as in all likely hood it would form a violation of the First Amendment principle. The Tinker case is ambiguous in the sense that it is difficult for schools to find out when the dress becomes disruptive. Again, it could be difficult for the school to find who is causing the disruption – the one who is wearing the offensive dress or the one who gets offended. Many schools have the policy of prohibiting the visible display of the Confederate flag because it may cause the disruption in the school activities; however, many cite the judgment of the Tinker case and want them to wear the Confederate flag. School systems need to take their stand based on the situation that whether the Confederate wearing is racially charged to cause disruptions then the school officials have the full right to disallow or ban such wearing. 7. Compare and contrast the criteria required for police officers and public school personnel for searching a student. “The Bigger the need, the more intrusive the search.” What does this mean? Please incorporate examples when defining “bigger” and “intrusive”. What role do parents play in a search of their child or their child’s possessions at school? Answer School officers can search a student when they have a reasonable cause though the Fourth Amendment does enforce protection to the citizens for unreasonable searches. The Fourth Amendment of the US Constitution comes to the rescue of students and protects their privacy rights at school; however, it does not mean that they cannot be searched. Again, it is necessary for a police officer to have a reasonable cause to conduct a student search; however, students do not have the same level of protection from searches while in the school. In the circumstances when school officials suspect the student in possession of a gun, they can conduct an intrusive student search. “The bigger the need, the more intrusive the search” should be seen in this perspective. When safety of the other students or entire school is at risk, school officials have all right to conduct intrusive student search to recover the weapon from the student. In matters of smoking and similar matters, an intrusive search is not necessary. For any intrusive search, it is required that it is done by some higher level official of the school; however, that will take into account the factors such as gender, age of the student, the item being searched, the urgency of the matter, and availability of the official while conducting a search. Intrusive searches can be done after taking the approval of school superintendent by the same gender person, and in the presence of adult witness of the same gender. Strip searches are not permitted. Parents of the student must be informed about school search policy clearly. Administrators need to educate students, parents, and the teachers about the search policy. In the event when school safety is at risk, it is not necessary to inform the parents; however, when police is involved in the search process along with school official, it is required to inform parents. 8. Your school system has received a notice from the U.S. Department of Education, Office of Civil Rights, that a formal complaint has been filed against the school system. What will the likely area related to this complaint? What are the consequences for a public school system for a finding by OCR that substantiates the complaint? Give two examples of complaints that would not be investigated by the Office of Civil Rights. Answer U.S. Department of Education, Office of Civil Rights usually investigates the complaints made out to them for the matter pertaining to discrimination. The student discrimination complaints based on color, race, gender, or national issues are investigated by them. Moreover, complaints such as bullying, student’s harassment by teacher, and the discriminatory behavior against the disabled ones (under Section 504) are also investigated by OCR. Investigations related to violation of civil rights, employment discrimination and the Americans with Disability Act also fall under their purview of investigation. One of the important responsibilities of the OCR is to resolve discriminatory complaints. OCR assists parties concerned in apprising related legal laws and likely remedies for the issues involved. Thus, OCR helps initiate the Early Complaint Resolution (ECR) process to arrive at an agreement between the parties. However, when ECR is accomplished, OCR is not supposed to sign or endorse any agreement between the parties. Subsequent to this, the parties involved are notified by them that the complaint has been resolved. In case of settlement not reached between the parties, the OCR will conduct enforcement actions. When the complaint is substantiated against the school system, the OCR may exercise their right to terminate or postpone financial assistance available to the school from the Department of Education. It is important to note here that based on the newspaper articles, no complaint will be initiated and also, any anonymous complaint will not be initiated by the OCR. Read More